Sizer v. Hampton & Branchville Railroad & Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,'The Hampton and Branchville Railroad and Lumber Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of November, 1900, denying a motion to set aside the service of the summons made upon the defendant’s president.
1Opinion of the Court
Rumsey, J.:
On the 26th of October, 1900, the summons in this action was served on one Mauldin, who seems to be the president and treasurer of the defendant corporation. He moves to set aside the service upon the ground that he is a non-resident of this State and that the defendant is a foreign corporation, and that service was made upon him while he was within the State, for the sole reason that he was in attendance as a witness in behalf of his company in a suit tried in . the City Court of the city of New York. That suit was one in which his company was plaintiff and the plaintiff here was…
2Cases cited2 opinions
- In re HealeySupreme Court of Vermont · 1881
- Clark v. GrantNew York Supreme Court · 1829
3Cited by3 opinions
- Weston v. Citizens National BankAppellate Division of the Supreme Court of the State of New York · 1901
- Howe v. Van HeusenAppellate Division of the Supreme Court of the State of New York · 1924
- Weston v. Citizens National BankAppellate Division of the Supreme Court of the State of New York · 1901